(a) With respect to employees of the state in positions covered by a retirement system established by the state, the Governor is empowered to authorize a referendum upon the question of whether service in positions covered by such retirement system should be excluded from or included under an agreement, or modification thereof, under Section 123 of this title; and, with respect to employees of any political subdivision or instrumentality in positions covered by a retirement system established by the state or by such subdivision or instrumentality, the Governor, upon written request of the governing body of such subdivision or instrumentality, shall authorize a referendum upon the question of whether positions covered by such retirement system should be excluded from or included under a plan submitted by such subdivision or instrumentality under Section 125 of this title. In either case the referendum shall be conducted, and the Governor shall designate an agency or individual to supervise its conduct, in accordance with the requirement of Section 218(d) (3) of the Federal Social Security Act; and the notice of referendum required by said Section 218(d) (3) of the Federal Social Security Act shall contain, or shall be accompanied by, a statement in such form and in such detail as the agency or individual designated by the Governor to conduct such referendum shall deem necessary to inform the eligible employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, in event their services are included under such an agreement or plan.
(b) Upon receiving evidence satisfactory to him that, with respect to any such referendum, the conditions specified in Section 218(d) (3) of the Federal Social Security Act have been met, the Governor shall so certify to the appropriate federal agency.
(c) Nothing in this section shall be construed as allowing or providing for coverage of services in a policeman's or fireman's position, unless and until the Federal Social Security Act be amended to allow coverage of services in such a position.
Added by Laws 1955, p. 282, § 7, emerg. eff. June 6, 1955.
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